A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 7, 2017, around 02:55, the Defendant driven a Category B EX car under the influence of alcohol with approximately 0.226% alcohol level from the 7-9 Man-ro 398 to the 13-8 km-ro 13-8, Seosan-si, Seosan-si, 410, the center of the 7-9 Man-ro, Seosan-si, the Defendant driven a Category B EX car under the influence of alcohol level of about 50 meters. On the same day, the Defendant was under the influence of alcohol level of about 04:20 to the 157 km-si, Seosan-si, the Defendant’s residence, from the 04:20m from the 157 km-si, Seosan-si, the 0.182% alcohol level of alcohol level during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Response to a request for appraisal;

1. Notification of the results of regulating driving of each drinking alcohol (50, 51 pages of evidence records);

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning criminal facts, Articles 148-2(2)1, 44(1) (referring to driving under the influence of alcohol on July 7, 2017) of the Road Traffic Act, Articles 148-2(2)2, and 44(1) of the Road Traffic Act (referring to driving under the influence of alcohol on July 7, 2017), and each of the choice of imprisonment for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Although the reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture or the Order of Community Service had a record of having been punished for the same crime, there is no unfavorable circumstances, such as the fact that the Defendant committed the instant crime again, and that the Defendant’s blood alcohol concentration is very high at the time of driving.

However, the sentence shall be determined as ordered in consideration of all the sentencing conditions shown in the pleadings of this case, such as the fact that the defendant reflects the mistake, that the defendant has no record of criminal punishment more than the suspension of execution, the age, circumstances of the crime, and circumstances before and after the crime